Miller v. Miller

THOMAS, Justice.

The appeal and assignments o'f error challenge the overruling of demurrers to the bill as amended. The appeal was taken under section 6079, Code.

This is an original bill in the nature of a bill of review grounded upon fraud in the procurement of the decree, which it seeks to annul. Hogan v. Scott, 186 Ala. 310, 65 So. 209. While it is not subject to the requirement that permission of the court must be obtained for the filing, this consent was obtained and indorsed on the bill by the trial judge, without requiring or fixing bond under the provisions of section 6607 of the Code.…